Dismissed

Tunna Kumar Sahni @ Tunna Kumar @ Tunna Sahni v. The State of Bihar

Patna HC14 Jan 2020CR. MISC./1832/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous application regarding an FIR under Section 30(a) of Bihar Prohibition and Excise Act, 2016, the court held the petition un-maintainable by the High Court due to statutory bar, dismissing it but directing the lower court to consider regular bail upon surrender.

What did the court decide?

Petition dismissed as un-maintainable under Section 76(2) of Bihar Prohibition and Excise Act, 2016; regular bail application directed to be considered by trial court upon surrender.

Tunna Kumar Sahni @ Tunna Kumar @ Tunna Sahni… — Pension and Retirement Benefits | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1832 of 2020

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Arising Out of PS. Case No.-296 Year-2019 Thana- DARBHANGA District- Darbhanga

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======================================================

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TUNNA KUMAR SAHNI @ TUNNA KUMAR @ TUNNA SAHNI Son of Late Vishwanath Sahni @ Visho Sahni Resident of Village - Shivje Nagar, P.S.- Town, District- Darbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vinay Kumar Mishra For the Opposite Party/s : Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER

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2 14-01-2020

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Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

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This is an application for grant of anticipatory bail in connection with Darbhanga Town PS case no. 296 of 2019 registered for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

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The allegation is regarding recovery of 37.5 liters of illicit countrymade liquor from the house of the petitioner.

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The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is having a clean antecedent. It is further submitted that the recovery has been made from a hut type of house of the petitioner and the possibility of planting of illicit liquor cannot

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Patna High Court CR. MISC. No.1832 of 2020(2) dt.14-01-2020 2/2

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be ruled out.

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Having regard to the facts and circumstance of the case, this Court is of the view that in view of bar under Section 76(2) of Bihar Prohibition and Excise Act, 2016, the present petition is not maintainable, hence is dismissed. Nonetheless, the learned trial court is directed to consider the regular bail application of the petitioner, in case the petitioner surrenders and apply for the same, and pass appropriate orders on the very same day, specially considering the fact that meager quantity of illicit liquor has been recovered from the petitioner.

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With the aforesaid observations and directions, the present petition stands disposed off.

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(Mohit Kumar Shah, J)

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rinkee/-

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U T

Tunna Kumar Sahni @ Tunna Kumar @ Tunna Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tunna Kumar Sahni @ Tunna Kumar @ Tunna Sahni v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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